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HomeMy WebLinkAboutORD NO 4218ORDINANCE NO. 41218 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 101-11 BY CHANGING ZONING FROM A (EXCLUSIVE AGRICULTURE) TO R-I (ONE-FAMILY DWELLING) ON APPROXIMATELY 80 ACRES, FROM C-2 (REGIONAL COMMERCIAL) TO R-1 (ONE-FAMILY DWELLING) ON APPROXIMATELY 25 ACRES, GENERALLY LOCATED ALONG THE WEST SIDE OF ALLEN ROAD BETWEEN SNOW ROAD AND KNIGHT'S BRIDGE PLACE. (FILE NO. ZC 04-0871) WHEREAS, in accordance with the procedure set forth in the provisions of Title Seventeen of the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing on a petition to change the land use zoning of these certain properties in the City of Bakersfield generally located along the west side of Allen Road between Snow Road and Knight's Bridge Place; and WHEREAS, by Resolution 114-04 on September 16, 2004, the Planning Commission recommended approval and adoption of the Ordinance Amending Title Seventeen of the Municipal Code to approve R-1 zoning as delineated on attached Zoning Map No. 101-11 marked Exhibit A by this Council and this Council has fully considered the recommendation made by the Planning Commission as set forth in that Resolution; and WHEREAS, for the above-described project, an initial study was conducted and it was determined that the proposed project would not have a significant effect on the environment and a Mitigated Negative Declaration was prepared and posted on August 11, 2004, in accordance with CEQA and the Council has considered said findings and all appear to be true and correct; and WHEREAS, the law and regulations relating to the preparation and adoption of Mitigated Negative Declarations as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff, the Planning Commission and the City Council; and WHEREAS, the general plan designation for this area permits residential development; and WHEREAS, the City Council has considered and hereby makes the following finds: All required public notices have been given. The provisions of the California Environmental Quality Act have been followed. Based on the initial study and comments received, staff has determined that the proposed project could not have a significant effect on the environment. A Mitigated Negative Declaration was prepared for the project in accordance with CEQA. The proposed project is consistent with the surrounding land uses. The proposed project is consistent with the Metropolitan Bakersfield General Plan.~. )R 6. The proposed project is within the southem and western growth pattem of the City of Bakersfield. 7. The public necessity, general welfare and good planning practices justify the requested zone change. 8. Based on the absence of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CEQA) for the purpose of documenting significant effects, it is the conclusion of the Lead Agency that this project will result in impacts that fall below the threshold of significance with regard to wildlife resources and, therefore, must be granted a "de minimis" exemption in accordance with Section 711 of the Sate of California Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above-reference absence of evidence in the record and the Lead Agency's decision to prepare a Mitigated Negative Declaration for this project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BAKERSFIELD as follows: 1. That the above recitals, incorporated herein, are true and correct. The Negative Declaration is hereby approved and adopted. That Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be amended by changing the land use zoning on Map No. 101-11, attached hereto as Exhibit A of that certain property more thoroughly described in attached Exhibit D herein before described. That Zone Change No.04-0871, as outlined above, is hereby recommended for approval with mitigation measures/conditions of approval shown on Exhibit No. B. ......... 000 ......... 2 of I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council 03'Z · -Cjty~ DDpf Bakersfield at a regular meeting thereof held on t~V by the following vote: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CAR~ON, BEN~AM, MAG RD, HA N, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PAMELA A. McCARTHY, ~IC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakemfield APPROVED NOV 0;3 Z004 APPROVED as to form VIRGINIA GENNARO City Attomey Exhibits: A ZC Map B Mitigation/Conditions C Legal Description S:\Dole\04~)871 \CC ZCO,doc 3 I,/_BO-D'O =iONYH:) ::INOZ m EXHIBIT B Cultural 1. Traffic 1. 2. MITIGATION/CONDITIONS ZONE CHANGE 04-0871 Planning Department If any human remains are discovered, all work shall stop until the Kern County Coroner has been notified and has evaluated the remains. If any other archaeological artifacts are discovered during site development, all work shall stop until the find has been evaluated by a qualified archaeologist or historian. If cultural resources are unearthed during ground disturbance activities, all work shall halt in the area of the find. A qualified professional archaeologist shall be called in to evaluate the findings and make the appropriate mitigation recommendations. With submittal of a tentative map application, site plan review or grading plan, whichever occurs first, a cultural resources field survey shall be provided to the Planning Director. Construct roadway improvements along Allen Road and Kratzmeyer Road. Pay the proportionate share for the local mitigation improvements shown on Exhibit A 2. Pay the standard per-lot rate for residential development under the Regional Transpodation Impact Fee program. Williamson Act The applicant/property owner shall not develop any portion of the subject site until such a time as the Williamson Act Cancellation Fees are paid and contract cancelled for that portion of the subject site upon which development is proposed. Until such a time as the Williamson Act Cancellation Fees approval is recorded, development shall be limited to those land uses allowed by the Williamson Act Contract. Public Works Prior to Approval of any development plan, tentative subdivision map, or application for a lot line adjustment, the following shall occur: a. Provide fully executed dedication for Olive Drive to Arterial Standards and Allen Road to Collector Standards for the full frontages of the area within the GPA request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. b. Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. No more than 1 sump may be utilized to serve this area; these sumps should be located so that they may be available to serve adjacent areas as they develop. If only one sump is utilized to serve this GPA/ZC area, it need not be so located. The study shall be approved and any required retention site and necessary easements dedicated to the City. Access to the arterial and collector streets will be limited and determined at time of division or development. Access from Kratzmeyer shall be no closer than 350 feet from the corner of Kratzmeyer and Allen. Access from Allen shall be per City standards. Determination of whether a right turn lane is required at the access street(s) will also be made at the time of division or development. A full access opening will only be considered if the developer funds and installs a traffic signal at the site entrance. Said signal will only be permitted if a signal synchronization study is submitted and approved, which shows progression is not adversely affected. The entire area covered by this General Plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidate Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area. TRAFFIC COMMENTS Local Mitigation Pay the proportionate share of the following mitigation measures (not paid for by the Regional Transportation Impact Fee - RTIF nor included with normal development improvements) as indicated in Table 7 of the traffic study. An estimate and fee schedule shall be developed by the applicant and approved prior to recordation of a map or issuance of a building permit. Allen Road and 7th Standard Road - add north, south and east bound left turn lanes, add east bound right turn lane, 8.42% share; 2. Allen Road and Snow Road - add south bound left turn lane, 5.05% share; 3. Old Farm Road and Olive Drive - add north bound left turn lane, 6.38% share; Allen Road and Reina Road - add north, south east and west bound left turn lanes, 10.19% share; 5. Allen Road and Noriega Road - add west bound right turn lane and south bound left turn lane, 14.42% share; 5. Santa Fe Way and Hageman Road - add north bound left turn lane, 4.81% share; 6 Allen Road and Hageman Road - add south bound right turn lane, 16.22% share; 7. Allen Road and Meacham Road - add east bound right turn lane and north bound left turn lane, 5.46% share. Re,qional Transportation Impact Fee 1. Pay the standard residential fees, as adopted at time of development, for the residential portions. Fire Department Prior to submittal of a tentative map on any portion of the eighty acre site located along the northwest corner of Allen Road and Kratzmeyer Road, the property owner or applicant at the time of such submittal shall reserve, after consulting with the Bakersfield Fire Department, a two acre site for acquisition and use as a fire station. The tentative map shall clearly show the reservation area. The tentative map shall also show that residential lots within the reserved area can be developed in the event the City of Bakersfield does not acquire the two acres. The reservation area shall be kept open and clear for a period of two years after the City accepts improvements for the first adjacent phase of development or until the Fire Department considers an alternate location, whichever comes first. S:\Dole\04-0871 \Final ZC Mitigation.doc EXHIBIT B (cont.) MITIGATION ZC 04-0871 Future Improvements and Local Mitigation Local Mitigation Project % Total Improvements (Improvements not Share for Local # Intersection Required by 2024 covered by RTIF) MitiEation Install Signal - I EBL, [n~tall Signal - I EBL, 3.32% Allen Rd & I EBR, I WBL, I NBL EBR, I NBL, I SBL I 7th Standard Rd (8.42%) I SBL Allen Rd & Install Signal - I WBR SBL 3.44% 2 ;now Rd I SBL (5.05%) Allen Rd & Install Signal - I EBL, 5 Olive Dr I WBL, I NBL, I SBL - - Old Farm Rd & Install Signal - I NBL NBL 5.5% 6 Olive Dr I (6.38%) 7 Jcwetla Ave & Install Sign~ai - I NBL, Olive Dr I SBL 8 Vcrdngo Ln & Install Signal/ Olive Dr , _~ ............ I Allen Rd & Install S~enal I F. BL,-II EBI., I WBIJ7 I NBL,]: 7.3% Rcina Rd I WBL, I NBL, I SBI. II SBL , (10.19%) I Allen Rd & Install Signal I \VBR. 1 WBR, I SBI. i 9.42% 2 Noricga Rd ] SBL [ (1442%) --- - ..... ti3 Santa Fc Wy & install Signal - I [:.BL, NB[. _ . ~o ltageman Rd 2 WBL, I NBL, I SBI_ [ (4.81%) 14 Allen Rd & Install Signal - I EBL, SBR ' 5.95% Hageman Rd I SBR __ (16.22%) 5 Old Farm Rd &' Install S~gnal _ Hageman Rd 16 Jcwctta Ave & Install Signal - 2 NBL, _ _ Hageman Rd I SBL Allen Rd & Install Signal - I EBR, EBR, I NBL 1.95% 17 Mcacham Rd I NrBL (5.46%) (Ye) Caimans Percent Sha~c Calculation Mctho~ NB = North Bound SB = South Bou~ WB = Wcsl Bound EB = Ea~ Bound L -- Lafl Turn Lane T - Through Lane R = Right Turn Lane EXHIBIT C LEGAL DESCRIPTION ZC 04-0871 JOHN R. WlLBRN, CIVIL ENGINEER INO. LEGAL DESCRIPTION PORTION OF APN 529-011-06 ZONE CHANGE FROM A TO R-I BEING ALL OF LOTS 13, 14, 15 & 16 AS SHOWN ON THE SALES MAP OF LANDS OF KERN COUNTY LAND COMPANY, SECTION 11, TOWNSHIP 29 SOUTH, RANGE 26 EAST, M.D.M., COUNTY OF KERN, STATE OF CALIFORNIA. ORIGINAL EXHIBIT C LEGAL DESCRIPTION ZC 04-0871 JOHN R. WILSON, INC. CIVIL ENGINEER LEGAL DESCRIPTION PORTION OF APN 529-011-16 7 17 ZONE CHANGE FROM C-2 TO R-I BEING ALL OF LOT 17, AND THE NORTHERLY 160.00 FEET OF LOT 32, AND THE NORTHERLY 160.00 FEET OF THE EASTERLY 80.00 FEET OF LOT 31, AND THE EASTERLY 80.00 FEET OF LOT 18, ALL AS SHOWN ON THE SALES MAP OF LANDS OF KERN COUNTY LAND COMPANY, SECTION 11, TOWNSHIP 29 SOUTH, RANGE 26 EAST, M.D.M., COUNTY OF KERN, STATE OF CALIFORNIA. 66 I -32~-4862 FAX 661-325-5 I 26 ~ NIA, L JItWFI C E:@AO L.C 0 M JOHN .. WILSON ,8 LIC[NOED BY THE CALIFORNIA BOARD FOR OI~IG NAL EXHIBIT C LEGAL DESCRIPTION ZC 04-0871 Grant Deed to High School General Plan from GC, LMR & LR to PS ~ ~ ~ ~ LI~ OF ~O ~ 17 ~ 32 ~ 1%00.00 ~; ~ p~a~.~.~, ~ ~ ~ ~ OF ~ID ~ 17, ~, A D2~ ~ 1400.00 ~ ~ ~ ~ ~ ~ ~ ~ ~ L~, A D~ ~ 1929.26 ~ ~~ ~ O~L ~, A ~ APJi: I~{~1~(~ O~ 462-021-08 ORIGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS, County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 3rd day of November, 2004 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4218, passed by the Bakersfield City Council at a meeting held on the 3rd day of November, 2004 and entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO 101-11 BY CHANGING ZONING FROM A (EXCLUSIVE AGRICULTURE) TO R-I (ONE-FAMILY DWELLING) ON APPROXIMATELY 80 ACRES, FROM C- 2 (REGIONAL COMMERCIAL) TO R-1 (ONE-FAMILY DWELLING) ON APPROXIMATELY 25 ACRES, GENERALLY LOCATED ALONG THE WEST SIDE OF ALLEN ROAD BETWEEN SNOW ROAD AND KNIGHT'S BRIDGE PLACE. (FILE NO. ZC 04-0871) /si PAMELA A. McCARTHY City Clerk of the City of Bakersfield · UTY ~ity Clerk ORiGINAl"